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Misconduct (3903/20)

Request

An alarming story has appeared on the BBC website concerning former police custody sergeant Bruce Humpston who pleaded guilty to assault by beating.  He was sacked for touching colleagues inappropriately:

https://www.bbc.co.uk/news/uk-england-birmingham-51720043

 

  1. On what date was he suspended?

 

  1. On what date was he sacked?

 

  1. Did he receive full pay during his suspension?

 

  1. Have West Midlands Police agreed to pay any legal or other expenses he incurred associated with the misconduct hearing? If so, how much?

 

  1. Please provide a copy of the misconduct panel’s record of the hearing.

Response

We can confirm that some relevant information is held by West Midlands Police. However, while the majority of the information is attached to this email I am afraid that I am not required to release all of the information requested. Please find attached a redacted document.

REASONS FOR DECISION

The withheld information is exempt by virtue of the following exemptions:

Sec 40(5) and Sec 40(2) – Personal Data

These exemptions and explanatory notes are shown here:

https://www.app.college.police.uk/app-content/information-management/freedom-of-information/#freedom-of-information-exemptions

 

Section 40(2) is an absolute and class based exemption if to release the information exists would breach the third party’s data protection rights.  In this case to release this personal information would not constitute fair processing of the data. As this exemption is class based I am not required to identify the harm in disclosure and in this instance I believe that the right to privacy outweighs any public interest in release.

When citing Section 40(5B), there is a requirement to consider whether disclosure would be fair.  In this case release would not be fair and therefore Section 40(5B) is classed as absolute and there is no requirement to consider the public interest.

 

Attachments

3903_ATTACHMENT_01